What is a clean break order in divorce?

You may have heard the term ‘clean break’ in reference to divorce before, but what exactly is a clean break order in divorce?

A clean break in divorce happens by obtaining a court order whereby divorcing parties agree upon how they will separate their finances and assets such as property and pensions.

An example of a basic and common clean break order would involve the matrimonial property being sold and the pensions are shared so that both parties receive a fair division of assets within the marriage.

Without obtaining a court order after divorce stipulating these terms, you will be open to financial claims against you in the future.

There have been many high-profile cases in the news regarding spouse’s having to pay the other party hefty sums of money years after the divorce, most notably the case of Nigel Page.

Although these circumstances are rare, it applies to everyday life, for example, should you come into any inheritance or your circumstance change at work and become wealthier your spouse may be entitled to claim against you.

What assets typically go into a clean break order?

A clean break order typically covers the division of the matrimonial home, any assets within the marriage, maintenance and pensions.

A clean break can also deal with things such as;

Debt

Lump sums

Business assets

Property (the division of the matrimonial home)

Pension sharing (how will pensions be divided, if at all)

Any savings you have within the marriage

Overseas property or money

Amicably agreeing upon a fair financial settlement without involving solicitors will dramatically reduce the cost of a clean break, but if there are substantial assets involved it’s best to get in touch with us to discuss the details first.

You also need to bear in mind that if the judge making the order on your clean break deems the agreement to be unfair, they can ask you for further information on how you came to this arrangement or give directions on making a fair settlement.

For any further information or advice please call us for a free consultation on 01793 384 032.

Clean break orders and children – what are the rules?

There can never be a clean break where children are concerned and either parent can still claim for financial provision for their children after the divorce if a party considers the child has needs that have not been met.

The parties can either have the child maintenance set out in a court order, come to their own arrangement or apply to the Child Support Agency to deal with it for them if they cannot agree or the paying party stops paying.

Have a qualified solicitor with over 10 years experience in family law draft you an individual clean break order for just £150. This same service with a solicitor costs over £750.

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